Madam Speaker, I am pleased to speak to Motion M-123, moved by our colleague, the hon. member for Burnaby—Douglas, whom I congratulate, by the way, on his courage.
The motion reads as follows:
That a special committee be appointed, pursuant to Standing Order 68(4)(b), to review the provisions of the Criminal Code dealing with euthanasia and physician-assisted suicide and that the Committee be instructed to prepare and bring in a bill, in accordance with Standing Order 68(5).
Beyond the differences of opinion that are normal and even desirable in a democracy such as ours, we have all, you, I and all members of the House, one thing in common: we were elected by our constituents to study, debate and make laws on all sorts of issues. We are lawmakers, and our actions therefore have a direct impact on the lives of all our fellow citizens.
But rarely, almost never, are we called upon to deal with issues as important and sensitive as the one now before us. Motion M-123 is not about amending marketing standards, about increasing or reducing the budget, or about implementing international accords, although all these issues have their importance. This motion touches on the very essence of who we are and what we believe, on the very essence of life and, since life would not be life without it, death.
Whatever the angle from which we approach the issue, we must keep in mind that our actions must be carefully weighed and considered, because there are some issues where a bad decision is not an option. The only other possibility excluded from the outset is indifference, or acting as though the problem did not exist.
But despite the apparent scope of this debate, we can take comfort in knowing that we are not starting from zero. Many discussions have taken place, many rulings have been handed down, and recommendations made at various levels, here in particular. After spending several months hearing witnesses and gathering briefs from everywhere in Canada, a special Senate committee on euthanasia and assisted suicide tabled a full report on this issue in June of 1995. Even though the committee did not reach a consensus on what ought to be done or not done, which was not part of its mandate, the outcome of its study will be very useful to us, as elected parliamentarians, during the forthcoming debates and discussions.
These last few years, besides this Senate committee, several cases were given wide coverage by the media. The most famous one is probably the story of Sue Rodriguez, a woman with amyotrophic lateral sclerosis who, under the Canadian Charter of Rights and Freedoms, challenged the ban on assisted suicide in the Criminal Code.
In December 1992, the Supreme Court of British-Columbia turned down her request, stating that section 241 of the Criminal Code did not go against the charter. On March 8, 1993, the Court of Appeal of the same province rejected the appeal by Ms. Rodriguez. Lastly, on September 30, 1993, the Supreme Court of Canada put an end to her crusade, with a close five to four decision that did not quash the debate, far from it.
On this issue, the comments made by dissenting justice Peter Cory reflect the state of mind of several of his colleagues. He stated and I quote “The life of an individual must include dying. Dying is the final act in the drama of life. The right to die with dignity should be as well protected as is any other aspect of the right to life. State prohibitions that would force a dreadful, painful death on a rational but incapacitated terminally ill patient are an affront to human dignity”.
Despite some dissension within the Supreme Court, there was unanimity on one issue, namely that the decision belongs to us, as elected representatives. Whether it be the British Columbia Supreme Court, the British Columbia Court of Appeal or even the Senate committee, all those who studied this issue have said that it is our responsibility.
On February 12, 1994, Sue Rodriguez, assisted by a physician, took her own life. I will let my colleague from Burnaby—Douglas speak of this case in further detail if he wishes to do so.
In Quebec, in 1992, the case of Nancy B. gave a lot of people food for thought. The 25-year-old woman was suffering from an incurable disease called Guillain-Barré syndrome. At a certain stage of the disease, she had to be hooked to a respirator. She asked for the right to stop supportive treatment. The Quebec Superior Court recognized that right, and Nancy B. left this world courageously, in silence, in sickness, but at the time of her choosing.
Two other cases are worth mentioning here. First, there is the case of Austin Bastable, a 52-year-old Ontarian suffering from chronic progressive multiple sclerosis. During the 35th Parliament, he wrote several times to members to ask, just as Sue Rodriguez had asked the courts, for the right to die at the time of his choosing, with the assistance of a physician.
Like Sue Rodriguez, he realized that it is not easy to get an answer from a government that may be ill prepared to deal with such a request. Austin Bastable had to go to the United States, away from his family and friends, to die assisted by a physician whom he had probably never seen before. That is not dying with dignity.
Finally, the case of Robert Latimer raises other questions. In this case, he was not the one who was sick. He and his wife decided to take the life of their daughter Tracy, who was suffering from cerebral palsy and from serious physical malformations causing incredible pain. She had no hope of getting any better.
Although we will have to deal with this issue, Mr. Latimer's case is outside the scope of this debate since it is murder for compassionate reasons, which means that someone decided to take someone else's life.
It must be understood that we are talking here about the right of a competent adult who is terminally ill or who is suffering from an incurable disease to make that decision for himself or herself. The decision is not meant to be made for that adult by another person, a doctor, a relative or a parent.
To conclude, these four examples of individuals who have fought to further the debate each in their own way clearly show how important it is that the matter be clarified once and for all.
So far, the courts have had to decide the many difficult issues brought before them. Without minimizing the importance of their work, it seems clear to me that we will not always be able to leave this in their hands. Sooner or later Parliament will have to make a decision.
Both the current Minister of Health—and former justice minister— and the Prime Minister promised a free vote in the House on this issue. Federal Liberal Party members have already passed a resolution along those lines at one of their conventions. The Bloc Quebecois too repeatedly asked that the House address this issue. More than ever, it is important that this serious and current issue be debated and debated now.
Motion M-123 is a perfect opportunity to do just that, and I hope it will be supported by a majority of parliamentarians. Because there is no life without death, because death is part of life, as its hidden face, we have a duty to develop frameworks which are fair and which respect human dignity.
Could we really imagine choosing for ourselves and all our loved ones anything but a gentle and humane death with dignity? Anything but the freedom of choice?